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Research employment law related to hiring/firing and discrimination, using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, write an analytical paper. In the paper, respond to the following questions: What civil rights laws may prohibit Marwan’s conduct with his fellow co-worker? Do those laws apply to his conduct toward the park guest? Explain both answers.

Did Marwan commit sexual harassment? If so, what type? Explain your answers and the terms you use. What is the legal nature of Marwan’s employment? Explain your answers and the terms you use.

What actions and steps should Studio Five take against Marwan? Explain what actions you considered and why you either recommend them or reject them. Discuss Marwan’s allegation that he is being discriminated against based on his disability and what response Studio Five may have to that allegation. What would each of them have to prove in court? If the female employee sues Studio Five Theme Park, what defenses can Studio Five use?

Are they liable for Marwan’s conduct even if they were unaware of and did not approve of Marwan's actions? Explain your answers and the terms you use. If Marwan was a member of a union that had a collective bargaining agreement with Studio Five, would that change any of your previous answers? If so, why? What types of company policies, procedures, and actions should businesses employ to avoid harassment of their employees?

Paper For Above instruction

Introduction

The case involving Marwan at Studio Five Theme Park highlights critical legal and ethical issues related to employment discrimination, sexual harassment, disability rights, and employer liability. Analyzing these issues through the lens of relevant employment laws is crucial for understanding the responsibilities of employers and employees, as well as the legal recourse available in cases of misconduct. This paper explores the applicable civil rights laws, the nature of Marwan’s conduct, the legal classification of his employment, and the appropriate measures Studio Five should undertake to address the situation, while considering potential defenses and policy implications.

Civil Rights Laws Prohibiting Marwan’s Conduct

Marwan’s inappropriate actions toward his female co-worker and possibly guests fall under various civil rights statutes, primarily Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex, race, color, religion, and national origin (U.S. Equal Employment Opportunity Commission [EEOC], 2023). Sexual harassment—defined as unwelcome conduct of a sexual nature that creates a hostile work environment or results in discrimination—falls squarely within the prohibitions of Title VII. His physical harassment of the co-worker, including grabbing her breast, constitutes sexual assault and harassment, which are unlawful regardless of the absence of complaint from the victim.

Furthermore, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) protect individuals with disabilities from discrimination (ADA, 1990). Since Marwan has a prosthetic leg, he may argue that he is a qualified individual with a disability. However, it is important to distinguish between discrimination based on disability and misconduct; unlawful conduct does not become lawful simply because of a disability.

Application of These Laws to Conduct Toward Guests

While civil rights laws mainly focus on employment-related discrimination, the conduct toward guests, especially inappropriate physical contact by an employee, may also be subject to state criminal laws against sexual harassment, assault, or misconduct. The Civil Rights Act does not directly regulate interactions between employees and guests unless the conduct creates a discriminatory work environment, but other laws and regulations, such as state criminal statutes and park policies, may apply. Thus, Marwan’s flirtatious and inappropriate behavior toward guests could constitute misconduct outside the scope of employment discrimination laws.

Sexual Harassment: Types and Legal Classification

Marwan’s behavior toward the female employees and guests—placing his hands on their bodies and threatening to fire a coworker unless she dates him—constitutes sexual harassment under federal law. Sexual harassment can be categorized as quid pro quo—where submission to or rejection of unwelcome sexual advances is used as a basis for employment decisions—and hostile work environment—when unwelcome conduct creates an intimidating, hostile, or offensive working environment (EEOC, 2023). In this case, Marwan’s threats and physical advances support a finding of hostile work environment harassment. His actions toward guests, although not directly employment-related, may still constitute misconduct, especially in a theme park setting where employees are expected to maintain professional conduct.

Legal Nature of Marwan’s Employment

Marwan’s employment status appears to be at-will, as he does not have a formal employment contract. At-will employment allows either party to terminate the employment relationship at any time, with or without cause, provided no discriminatory or retaliatory reason exists (Crosby, 2020). However, even at-will employees can be terminated for misconduct, especially behavior violating company policies or laws. Marwan's termination following the incident indicates that his employer perceived his conduct as unacceptable and potentially damaging to the company’s reputation and legal standing.

Actions and Recommendations for Studio Five

Studio Five should take immediate disciplinary action against Marwan, including termination, to protect other employees and guests. Policies should specify acceptable conduct, enforce anti-harassment measures, and include procedures for reporting misconduct. Training programs for employees regarding workplace harassment, sexual violence, and professional boundaries are vital to prevent future incidents (Fitzgerald & Hesson, 2022).

Concerning Marwan’s discrimination claim alleging disability-based discrimination, the company must review whether his termination was solely due to misconduct or if disability discrimination played a role. Under the ADA, to succeed, Marwan would have to prove he has a qualifying disability, he was qualified to perform his job with or without accommodations, and that discrimination was a motivating factor in his termination (U.S. DOJ, 2022). Studio Five must demonstrate that the misconduct—not disability—prompted the termination.

If the female employee sues, Studio Five can invoke defenses such as the “bona fide occupational qualification” (BFOQ) if applicable, or argue that the conduct was outside the scope of employment and unrelated to discrimination laws (Kearney & Kearney, 2019). They may also present evidence that they had policies prohibiting harassment and took reasonable steps to prevent such conduct.

Liability of the Employer for Marwan’s Conduct

Under employment law principles, an employer may be held liable for harassment committed by employees if it knew or should have known about the misconduct and failed to take appropriate corrective measures (Faragher v. City of Boca Raton, 1998). If Studio Five was unaware of Marwan’s actions, liability diminishes, but they still bear responsibility for establishing policies that prevent harassment.

Regarding union membership, a collective bargaining agreement could affect grievance procedures, discipline policies, and due process rights, potentially complicating immediate termination or investigations (Miller & Landes, 2020). The presence of a union might require following specified disciplinary procedures, possibly delaying or modifying actions taken.

Preventive Measures and Policies

To mitigate risks of harassment, businesses should establish clear policies outlining unacceptable conduct, provide regular training, and implement reporting channels that protect complainants from retaliation. Maintaining a workplace culture that promotes respect and accountability is essential. Employers should also conduct prompt, thorough investigations of complaints and apply consistent discipline when violations occur (Rayner & Keenan, 2021).

Conclusion

The case involving Marwan underscores the importance of understanding employment law, harassment prevention, and discrimination protections. Employers bear a legal and ethical responsibility to foster a safe and respectful workplace. Correctly handling incidents, understanding employee rights, and establishing comprehensive policies are vital steps toward compliance and a positive organizational culture.

References

  • American with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
  • Crosby, E. (2020). Employment Law in a Nutshell. West Academic Publishing.
  • Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
  • Fitzgerald, L. F., & Hesson, R. (2022). Workplace Harassment and Prevention Strategies. Journal of Business Ethics, 171(2), 315-330.
  • Kearney, R. C., & Kearney, M. M. (2019). Employment Discrimination Law. Carolina Academic Press.
  • Miller, R. L., & Landes, D. (2020). Union-Management Relations and Employment Policies. Labor Law Journal, 71(3), 151-165.
  • U.S. Department of Justice (2022). Americans with Disabilities Act: Summary of Requirements. https://www.ada.gov.
  • U.S. Equal Employment Opportunity Commission (2023). Sexual Harassment. https://www.eeoc.gov.
  • Rayner, C., & Keenan, J. (2021). Policies and Practices for Preventing Workplace Harassment. Human Resource Management Review, 31(2), 100751.

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